...limitation be in terms of a law of general application; and that it be reasonable and justified in an open and democratic society based on human dignity, equality and freedom. 33 Section 43(a) vests the legislative authority in Parliament. Section 85(1) vests the executive authority...

...terms of law of general application to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including (a) the nature of the right; (b) the importance...

...Bill of Rights. In the interpretation of the provisions of the Bill of Rights, the court or tribunal must promote the values that underlie an open and...society based on human dignity, equality and freedom. The court or tribunal must consider international law and may also consider foreign law. Furthermore,...

...and objects of the Bill of Rights1. The courts, when interpreting the Bill of Rights, must not only promote the values that underlie an open and democratic...society based on human dignity, equality and freedom, but must also take international law into consideration, and may in addition take foreign law into...

...terms of law of general application to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including — (a) the nature of the right; (b) the importance...

...Constitution of the Republic of South Africa provides as follows: Interpretation of Bill of Rights 39(1) When interpreting the Bill of Rights, a court, tribunal or forum: (a) must promote the values that underline an open and democratic society based on human dignity, equality and freedom; (b) must consider...

...the Constitution requires every court, tribunal or forum, when interpreting the Bill of Rights, to "promote the values that underlie an open and democratic...society based on human dignity, equality and freedom." Section 36(1) permits the limitation of a right in the Bill of Rights only in terms of law of general...

...open still to judicial interpretation, judges are required to interpret the rights consistently with "the values that underlie an open and democratic society based on human dignity, equality and freedom".3 1 I would like to thank Hugh Corder, Professor of Law, University of Cape Town, South Africa,...

...Bill of Rights will only be justifiable if it is a limitation that is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom. The emphasis on equality in our Constitution represents, for us, a clear rejection of the past in which...

...rights jurisprudence is provided by section 39(1) (previously section 35(1) ) which declares that: When interpreting the Bill of Rights, a court, tribunal...international law; and (c) may consider foreign law. This provision, together with section 233 which requires a court when interpreting legislation to 'prefer...